From a Workers Compensation perspective, employers may
(arguably) return injured workers to light duty at a different job, wage,
schedule and location. Any light duty job offer must be within a
reasonable commute.
Common sense says a long commute might be reasonable for a
high-paying job, but not so reasonable for a minimum wage job. After
taxes, $4 a gallon gas and automobile wear and tear, an injured worker may end
up losing money. Many injuries limit a worker's ability to drive or sit
in a car. Consequently, a worker may frequently need to stop and stretch
or lay back in the seat, thereby doubling the commuting time.
My partner, Wayne, recently litigated a case where the
Department determined that the injured worker could reasonably commute from
Rochester to Renton, to work as an electronic assembler. This would be a 134
mile round-trip commute. The Department's own IME acknowledged that the worker
could only sit up to a half-hour at a time. The worker would have to pull
over at least once, each way.
In reversing the Department’s determination, the Board of
Industrial Insurance Appeals explained that "a commute that is reasonable
for one with a healthy back can easily become unreasonable post–injury."
The Board agreed with Wayne, finding the injured worker was not employable as
an electronic assembler and granted him life time pension benefits.
Dane D. Ostrander
Williams, Wyckoff &
Ostrander, PLLC
